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Michael Stamper v. M. Blackwell

April 7, 2011

MICHAEL STAMPER,
PLAINTIFF,
v.
M. BLACKWELL, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISMISSING COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM THIRTY-DAY DEADLINE

(Doc. 1)

Screening Order

I. Screening Requirement and Standard

On February 1, 2010, Plaintiff Michael Stamper, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with Disabilities Act (ADA)). The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

To state a claim, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Id. at 1949. This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

II. Summary of Complaint

A. Allegations

Plaintiff, an inmate housed at Avenal State Prison, brings this suit against Certified Physician Assistants M. Blackwell and P. Safi, Licensed Vocational Nurse E. McGant, and Chief Medical Officer E. Greenman for failing to adequately address his medical needs. Plaintiff alleges that Defendants violated his rights under the Eighth and Fourteenth Amendments of the United States Constitution and under the ADA, and he seeks damages and declaratory relief.

Plaintiff entered the prison system on October 17, 2007, and he transferred to Deuel Vocational Institution on December 4, 2007. Plaintiff was seen by Dr. Baker, who issued Plaintiff a "Reasonable Accommodation Chrono" due to Plaintiff's chronic spinal condition. The chrono recommended that Plaintiff be provided with an egg crate mattress and soft soled shoes.

On January 22, 2008, Plaintiff transferred to Avenal State Prison. Plaintiff was seen by Defendant Blackwell on February 13, 2008, following his submission of a health care request form. Plaintiff informed Defendant Blackwell of his need for an egg crate mattress and soft soled shoes. Defendant Blackwell told Plaintiff that custody staff did not want medical staff issuing egg crate mattresses or soft soled shoes due to the security issues. Plaintiff's requests were denied by Defendant Blackwell, despite their previous approval from medical staff at Deuel Vocational Institution.

In January or February, Plaintiff was moved from a lower bunk to the center bed of a triple bunk. Getting in and out of the center bed caused Plaintiff pain because of the difficulty in maneuvering his body. Plaintiff submitted another health care request form regarding the center bunk bed. Defendant Blackwell saw Plaintiff again and told him that the center bed in a triple bunk bed is considered a bottom bed by the prison.

In March, Plaintiff's legs went numb and collapsed when he was trying to get down from his bed. Plaintiff raised his arm in an attempt to break his fall and tore a ligament in his shoulder joint. As a result, Plaintiff experiences severe, sharp ...


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